By the evidence of PWS3 and 4, there is nothing to link the 1st
Defendant to the alteration either contained in exhibit 7 or the
alteration of the date in exhibits 5 and 22 on the face of the
application form of Fine Trust Academy. The learned
prosecuting Counsel at paragraph 4.22 of his final written
address himself submitted thus:“PW3 and PW4 testified that because it is 1st
Defendant that is contesting plot SS1 Jikwoyi
Extension III with him and he was the only one
working in Abuja Municipal Area Council as at
the time.”
Hence, from the evidence of PWs3 and 4 and in deed
submission of the learned prosecuting Counsel, there is no
of the 1st Defendant to the alteration on the date on
application form as it appears on exhibits 5, 7 and 22 and
evidence are purely based on suspicion.
the
link
the
the
There is no evidence adduced by the prosecution to establish
the ingredients of the offence of forgery and uttering of a false
document against the 1st Defendant. Thus, the entire
testimonies of the Prosecution witnesses i.e PWs3 and 4 to
prove count three of the charge is based on suspicion. The
Supreme Court of Nigeria in the case of THE STATE V
ODUNAYO AJAYI, (2016) LPELR 4066 (SC) held thus:“The entire case of the Prosecution, in my view was
built on suspicion. The law is that suspicion, no
matter how strong cannot ground a conviction for a
criminal offence. It cannot take the place of legal
proof.”
See also ABIEKE V THE STATE, (1975)9-11 SC 60, IDOWU
V THE STATE (1998)11 NWLR (pt 574) page 354 and
SHEHU V STATE,(2010)8 NWLR (pt 1195) page 112.
In the instant case of count 3 of the charge against the 1st
Defendant, the legal proof known to law in criminal trial either
by eye witnesses, admission or confession or by circumstantial
evidence, the prosecution failed to prove same against the 1st
Defendant. Accordingly, the 1st Defendant is hereby discharged
and acquitted on count 3 of the amended charge.
57